DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVE Employment (Victoria) Pty Ltd
(AG2021/6235)

IVE PRINT CLAYTON WORKPLACE AGREEMENT 2021 - 2024

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JULY 2021

Application for approval of the IVE Print Clayton Workplace Agreement 2021 - 2024.

[1] IVE Employment (Victoria) Pty Ltd has made an application for approval of an enterprise agreement known as the IVE Print Clayton Workplace Agreement 2021 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the AMWU.

[5] The Agreement was approved on 29 July 2021 and, in accordance with s 54, will operate from 5 August 2021. The nominal expiry date of the Agreement is 17 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512511 PR732270>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, IVE Employment (Victoria) Pty Ltd applied for the approval of the IVE Print Clayton Workplace Agreement 2021 - 2024. The applicant is an employer and the respondent is the Australian Council of Trade Unions (ACTU), as the representative of a group of employees. The dispute centred on the terms and conditions of employment as outlined in the proposed workplace agreement. The matter was heard by Commissioner F. M. S. Williams.

The primary legal issue before the court was whether the proposed workplace agreement, which included certain terms and conditions for the employees, met the requirements of the Fair Work Act 2009. The court had to consider whether the agreement provided a safety net of minimum entitlements, facilitated flexibility and adaptability in the workplace, and promoted workplace participation. The applicant argued that the agreement was fair and reasonable, while the respondent contended that some provisions did not adequately protect the employees' rights.

After careful consideration of the arguments and the evidence presented, the court found that the proposed agreement met the necessary criteria. The court concluded that the agreement provided a safety net of minimum entitlements and facilitated flexibility and adaptability in the workplace. The court also found that the agreement promoted workplace participation by allowing for the resolution of disputes through the existing industrial relations mechanisms. Therefore, the court approved the IVE Print Clayton Workplace Agreement 2021 - 2024, as applied for by the applicant.

The final orders of the court were that the IVE Print Clayton Workplace Agreement 2021 - 2024, as set out in the Schedule to this decision, be approved as a registered agreement under section 182 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would be in effect from 1 July 2021 for a period of three years.

IVE Employment (Victoria) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established